Rabbi Zvi Leshem, of Efrat, has publicised the ruling of the Mishneh Berurah - that Ashkenazim who may not eat Kitniyot, rice etc. during Pesach, may nevertheless consume foods containing Kitniyot, provided thatA) Kitniyot is less than 50% of the productB) Kitniyot are not visually identifiableC) these foods were not specifically made for those who keep the customary ban of not eating Kitniyot

​This permits all lemonades, which may use corn syrup, and chocolates which may use lecithin Liquid or creme fillings in chocolates might well contain Chamets and require KLP certification.

See this about chocolate for Pesach, and this about inappropriate stringencies [by a Rav of Chabad] during Pesach

Fizzy drinks are suitable for Pesach even if the carbon dioxide gas is sourced from Chamets or Kitniyos.

This article is an English translation of the author's Hebrew teshuva which has copious footnotes which readers are encouraged to learn. The teshuva was reviewed and approved by my Rav, HaGaon R. Yehoshua Reich shlit"a . Thanks to my son R. Zion,as well as my colleagues Rav David Fink shlit"a, Rav Chanan Morrison shlit"a and Rav David Sperling shlit"a for helpful discussions and references. Thanks also to my son R. Eliyahu for help with editing.

Kitniyos: A BALANCED HALACHIC APPROACH Eve of Pesach 5771 (2011) Introduction In recent years we have been witness to changes regarding the Ashkenazi custom of refraining from consuming Kitniyos (legumes) during Pesach. Upon entering a supermarket during Pesach one is confronted by a wide variety of products labelled " Kitniyos " or "kosher only for those who eat Kitniyos ", and in numerous cases there is either no "non-Kitniyos" alternative, or the alternative is significantly more expensive than the same product with Kitniyos . This situation causes a financial loss (and "the Tora is concerned about the money of the Jewish People"), and for many people it diminishes from the joy of the holiday.

Furthermore, this is a "stringency that leads to leniency", it pushed a growing proportion of people to be too lenient. Unnecessary strictness in relation to the prohibition of Kitniyos, in itself a stringency, is illogical and recalls the words of Rav Yaakov Emden z"l regarding Kitniyos ; "In truth the mind cannot comprehend the stringencies which are created on a daily basis".

We also often see that the Halachic discussions about Pesach invariably are overwhelmed with queries about the custom of Kitniyos leaving little time for the truly serious considerations such as eating only " shmura matza " for all of Pesach, the prohibition of " matza ashira " ("egg matza") for Ashkenazim and the question of excluding actual Chamets items from the "sale of Chamets".

It is not our intention to write a comprehensive article on the subject of Kitniyos, about which much has already been written, but rather to clarify the Halacha according to Ashkenazi custom which prohibits the consumption of Kitniyos during Pesach. We will also discuss the commonly accepted stringency of refraining from " Kitniyos oils" during Pesach (even though according to some of the later authorities these are not included in the prohibition, as will be discussed below).

Halachic Background According to the Gemara only five species of grains can become Chamets. Kitniyot cannnot become Chamets. "Mishna – These are the species with which a one fulfils the mitzva [of eating matza ] during Pesach; wheat, barley,spelt, rye, and oats... Gemara – It was taught, these [species] can become Chamets but rice and millet cannot.

Dough made from rice and millet will rise as do doughs made from the five grains, nevertheless this is not what the Halacha defines as Chamets.

R. Yochanan ben Nuri rules that rice dough can be used for making Matza and becomes Chamets if allowed to rise, however the Gemara declares, "No one worries about R.Yochanan b. Nuri's opinion.

This is the accepted ruling; legumes cannot become Chamets.

The first source to mention the custom of refraining from Kitniyos is a note of R.Peretz to the Sefer Mitzvot HaKatan from the 13th century, where he explains that "because Kitniyos and grains are both cooked in a similar manner, some may confuse them and cook and eat grains during Pesach. Additionally there are places where breads and pastries are baked using kitniyot flour just as they use flour of the five species; this too might create confusion and lead to people inadvertently transgressing the serious sin of eating Chamets during Pesach."

Regarding the authority of the custom, he writes, "It is very difficult to permit something that custom has prohibited from the time of ancient authorities."

The Bet Yosef initially describes it as a "foolish custom" yet concludes: "Sometimes seeds of grain are mixed in [with the Kitniyos] and they cannot be completely removed."

The Biur Halacha adds a third reason: "There are types of wheat that closely resemble Kitniyot seeds, and therefore all types of seeds were prohibited."

The Shulchan Aruch rules: "… rice or other legumes can't become Chamets, we may cook with them". The Rema adds, "some prohibit, and the Ashkenazi custom is to be stringent, and one should not change this. However it is certainly permitted after the fact once they have been [inadvertently] mixed into a food. It is also permitted to use such oils for illuminating ones meal [without concern that oil lamps tend to drip oil and may well drip Kitniyos oil into the food] It is also permitted to retain Kitniyos in one's house during Pesach"

The Rema defines the Ashkenazi custom regarding Kitniyos during Pesach:1] It is prohibited for Ashkenazim to eat Kitniyos during Pesach and this custom should not be changed.2] Kitniyos are annulled (Battel) in a mixture and it is therefore permitted to consume a mixture containing Kitniyos (see below regarding the amount in which they are nullified).3] One may light a lamp with Kitniyos oil, for there is no prohibition against benefiting from Kitniyos, only against eating them. (This suggests that it is prohibited to consume the oil from Kitniyos - see below)4] There is no prohibition against "owning" or "possessing" Kitniyos as there is with Chamets, and it is therefore permissible to have them in one's house on Pesach.

Regarding all of the above it is incumbent upon us to clarify two major issues:

the question of whether there is room to be more lenient with oil produced from Kitniyos than with Kitniyos themselves, and

the matter of the annulment of Kitniyos in a mixture.

However, let us first clarify what are Kitniyos. The fact is we have no clear definition of Kitniyos in Halachic literature; however based upon the sources discussed above we are able to cull some indications. From the Gemara we learn that rice and millet are similar to grains but when made into a dough with yeast "instead of becoming Chamets they become putrid."

According to the comments of R.Peretz on the Sefer Mitzvot HaKatan, they are foods from which Dishesor bread can be prepared (in other words, they are ground into a type of flour that can be used for a type bread or cake)

The Bet Yosef explains that Kitniyos are foods that grains of wheat or other grains might be mixed with, and that it is difficult to ensure that Kitniyos are not adulterated with wheat grains.

The Biur Halacha defines them as types of seeds that can be confused with wheat.

Later-day authorities propose that the prohibition applies to species that grow "in pods similar to the growth of legumes."

It is clear, however, that we are not accustomed to be stringent with every type of food that fits into one of the above mentioned definitions, as the Igrot Moshe writes: "It is not at all correct that everything from which flour is produced is prohibited according to this custom, for nothing has more flour made from it than potatoes, not only in this country [the United States], but also in Europe … and no one was ever concerned that it is prohibited. And regarding - 4 - the argument that types of grains may come to be mixed in with them, which was mentioned in the Tur, it is also not a general rule that every food that might have wheat or barely mixed in is prohibited."

As we shall see below, among the later-day authorities there are those who state that since there is no clear definition of what constitutes Kitniyos, only those types that were included in the original custom are prohibited, and one should not prohibit additional types.

Kitniyos OilsRegarding oils from Kitniyos, the Chayeh Adam infers from the words of theRema that "it is permissible to light with oils produced from them" that we only permit deriving non-eating benefit from the oil, it is however forbidden to consume it. Not all agree with this inference; the Sefer Marcheshet writes that the Rema was referring to oils made from Kitniyos that had not been properly checked for grain content before Pesach. He adds that the oil is also considered "a mere derivative", which is not prohibited within the confines of a custom. His conclusion is that all oils are Kosher for Pesach when produced before Pesach from seeds which can be safely assumed to have had no prohibited grains inadvertently mixed with them.

Even if we argue that this is not the custom and that Ashkenazim do not consume Kitniyos oils during Pesach, we have found later-day authorities who were lenient regarding certain oils in cases where there was an additional factor for leniency. For example, Rav Kook z"l, in a famous Teshuva, permitted sesame oil, and condemned those who prohibited it (the Hasidic Rabbinical Court of Jerusalem), claiming that since the oil was produced with a new production method, it was not included in the prior custom and was thus permissible. He added that the existing custom of refraining from Kitniyos, which began as a mere stringency, is sufficient as is, and it would be unfortunate to expand it, especially if this would cause financial loss.

PeanutsRav Moshe Feinstein z"l in a discussion in Igrot Moshe, states that peanuts are not included within the custom, and that one should not add new items to the prohibition of Kitniyos, since it is a custom that is based upon weak reasons. Soybean, a food that was unknown then and not included in the original prohibition of Kitniyos is Kosher for Pesach for the same reasons. Thus there are authorities who permit soy oil, akin to Rav Kook's position above. Canola oil, which is also produced from a food unknown and not included in the original decree. In fact it is inedible as a food in its own right. - 5 -

We can therefore declare with confidence that these oils are permitted without question where there is an additional lenient factor, they are processed without water or they were certainly not included in the original decree. We need not concern ourselves with those who prohibit since, as the Ohr HaChaim states, "We hold that in all doubts regarding rabbinic decrees, and even more so when it comes to customs, that one should be lenient."

Annulment of KitniyosThe Rema rules that "It is obvious that if they fall into a cooked food it does not become prohibited." They are permitted when they are unidentifiable even if more than one sixtieth of the mixture; as long as they constitute less than half of the mixture.The Chok Yaacov states, "It can be inferred from the Rav [Rema] that even if [the Kitniyos] are more than a sixtieth, it is Kosher, and this is the understanding of the later authorities, since in any event this [prohibition of Kitniyos ] is a stringency and a mere safeguard [from actual prohibition]…nonetheless we do require a majority [of other food matter], for if not, it is not called a mixture and it is like eating a dish of Kitniyos."

in BeEr Yitzchak, Rav Yitzchak Elhanan Specter notes that some authorities permit knowingly adding Kitniyos during Pesach in order to annul them. However, the Rema writes of Kitniyos "falling" into foods, suggesting only "after the fact" inadvertent events. It therefore seems likely that those who permitted knowingly adding Kitniyos meant when this is done before Pesach and does not conflict the Rema. Indeed, this is the BeEr Yitzchak's ruling

He further notes that Kitniyos are Battel even where they constitute an "ingredient made for taste" (AviDa LeTaAma) or "an ingredient that is a solidifying agent" (Davar HaMaAmid) which are not normally annulled in a mixture.

We can therefore state unequivocally that many food items stamped as" Kitniyos " or "only for those who consume Kitniyos " are entirely permitted to Ashkenazim, since the Kitniyos ingredients constitute less than 50% of the total. - 6 -

Conclusions

The custom of refraining from Kitniyos is still binding upon Ashkenazim, including those who live in Israel.

Some of the oils designated as " Kitniyos " or "only for those who eat Kitniyos "are permissible also to Ashkenazim (even according to the position which prohibits Kitniyos oil), such as peanut, soy, canola and cottonseed oils.

Some of the products that are labelled "for those who eat Kitniyos only" are permissible according to all opinions, since the ratio of Kitniyos ingredients is less than 50%, and they are therefore annulled in the majority of non Kitniyos ingredients. Additionally the Kitniyos ingredients are often oils such as soybean,that were never included in the prohibition, or derivatives of these oils. Onlythose foods in which the Kitniyos ingredients constitute the majority are prohibited. Therefore, many dairy products, "kosher for Pesach" cookies,chocolates and more, which are labeled " Kitniyos " or "only for those who eat Kitniyos " or "for those who eat liftit" ( liftit and lecithin are both types of canola)are completely permissible for Ashkenazim.

Quinoa, which is a very new food is permissible.

There is no problem for an Ashkenazi to be a guest of a Sephardi on Pesach and to eat food prepared in vessels that were used to cook Kitniyos, even within 24 hours of the meal. This is true since if the Kitniyos themselves can be annulled in a mixture of a majority of other ingredients, their taste is certainly annulled. Moreover, even if the food contains a Kitniyos ingredient, as long as it is not the majority and is not identifiable, it is also permitted.

Those people who have thus far been careful not to purchase any food item labelled "for those who eat Kitniyos only", because they believed that this was in fact the Halacha, are not considered to have accepted this as their custom; it is at best a "mistaken custom" and they are not required to perform "vow annulment" in order to eat such items.

It is a Mitzva to publicize this decision, which is based upon the traditional Halachic methodology of the great authorities throughout the generations, and not upon looking for unnecessary stringencies.